ELECTRONIC CONTROLS DESIGN, INC.
ELECTRONIC CONTROLS DESIGN, INC. END USER LICENSE AGREEMENT FOR ECD's M.O.L.E.(r) MAP SOFTWARE PRODUCTS
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This, Electronic Controls Design, Incorporated
("ECD") End User License Agreement, accompanies
ECD software products and related explanatory
materials ("Software"). The term "Software"
also shall include any upgrades, modified
versions or updates of the Software licensed to
you by ECD. Please read this Agreement carefully.
At the end, you will be asked to accept this
agreement and continue to install or, if you do
not wish to accept this Agreement, to decline
this agreement, in which case you will not be
able to use the Software.
Upon your acceptance of this Agreement, ECD
grants to you a nonexclusive license to use the
Software, provided that you agree to the
1. Use of the Software.
This software is licensed for use by a single user.
For the purpose of using this software with the
computer you may install the Software,
on a hard disk or other storage device; install
and use the Software on a file server for use on a
network for the purposes of (i) permanent installation
onto hard disks or other storage devices or (ii)
use of the Software over such network; and
make backup copies of the Software.
ECD Software is sold for use with one or more
ECD hardware products. This Agreement allows
you to use the Software for a single user at a
time on up to 3 computer systems. You must order
and pay for additional copies of the software if
additional seats are used.
You may make and distribute unlimited copies of
the Software, licensed with the respective ECD
hardware product you purchased, as long as each
copy that you make and distribute contains this
Agreement, the same copyright and other
proprietary notices pertaining to this Software
that appear in the Software, and that the
purpose of distributing the software is for the
purpose of viewing, analyzing and reporting
data captured by the associated ECD hardware
product. If you download an updated version of
the Software, for the respective hardware
product you purchased, from the Internet or
similar on-line source, you must include the
ECD copyright notice for the Software with
any on-line distribution and on any media you
distribute that includes the Software.
2. Copyright and Trademark Rights. The Software
is owned by ECD and its suppliers, and its
structure, organization and code are valuable
trade secrets of ECD and its suppliers. The
Software also is protected by United States
Copyright Law and International Treaty
provisions. You may use trademarks only insofar
as required to comply with Section 1 of this
Agreement and to identify printed output
produced by the Software, in accordance with
accepted trademark practice, including
identification of trademark owner's name.
Such use of any trademark does not give you
any rights of ownership in that trademark.
Except as stated above, this Agreement does
not grant you any intellectual property rights
in the Software.
3. Restrictions. You agree not to modify, adapt,
translate, reverse engineer, decompile,
disassemble or otherwise attempt to discover
the source code of the Software. The Software
is licensed and distributed by ECD for viewing,
analyzing and reporting data captured by
associated ECD hardware products.
4. No Warranty. The Software is being delivered
to you AS IS and ECD makes no warranty as to
its use or performance. ECD AND ITS SUPPLIERS
DO NOT AND CANNOT WARRANT THE PERFORMANCE OR
RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE
OR DOCUMENTATION. ECD AND ITS SUPPLIERS MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, AS TO
NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE. IN NO EVENT WILL ECD OR ITS SUPPLIERS
BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY
LOST PROFITS OR LOST SAVINGS, EVEN IF AN ECD
REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY THIRD PARTY. Some states or jurisdictions
do not allow the exclusion or limitation of
incidental, consequential or special damages,
or the exclusion of implied warranties or
limitations on how long an implied warranty
may last, so the above limitations may not
apply to you.
5. Governing Law and General Provisions. This
Agreement will be governed by the laws of the
State of Oregon, U.S.A., excluding the
application of its conflicts of law rules.
This Agreement will not be governed by the
United Nations Convention on Contracts for the
International Sale of Goods, the application
of which is expressly excluded. If any part of
this Agreement is found void and unenforceable,
it will not affect the validity of the balance
of the Agreement, which shall remain valid and
enforceable according to its terms. You agree
that the Software will not be shipped,
transferred or exported into any country or
used in any manner prohibited by the United
States Export Administration Act or any other
export laws, restrictions or regulations.
This Agreement shall automatically terminate
upon failure by you to comply with its terms.
This Agreement may only be modified in writing
signed by an authorized officer of ECD.
6. Automatic Checks. Technological measures in
The software may communicate with servers of ECD
for the purpose of checking for and notifying the
user of updates and to ensure that the Software
in use is licensed in compliance with this
Agreement. ECD will not collect any personally
identifiable data in this process and will not
disclose any data collected to any third party,
except ECDâ€™s outside attorneys or as may be
required by a court of competent jurisdiction.
Unpublished-rights reserved under the copyright
laws of the United States. Electronic Controls
Design Incorporated, 4287-B SE International
Way, Milwaukie, Oregon 97222 USA.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS
INDICATED DURING INSTALLATION.
ECD Software Agreement